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ELCPartially AllowedJudicial Review Motion (Chamber Summons dated 6th December 2011)· [2018] KEELC 940 (KLR)

Republic v Land Disputes Tribunal – Meru Central & 6 others Ex-Parte M’mugambi M’tuerandu [2018] KEELC 940 (KLR)

High Court of Kenya, Environment and Land Division (ELC)
8 November 2018
1,311 words in judgment
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The bottom line

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The High Court in Meru quashed a Land Disputes Tribunal's decision on family land because tribunals cannot redistribute property already settled through a succession case.

What this practically means

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Executive summary

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The ex-parte applicant obtained leave and filed a substantive judicial review motion seeking certiorari to quash the decision of the Land Disputes Tribunal – Meru Central District dated 28th September 2011 respecting Land Parcel No. Kiirua/Ruiri/528. The land had been distributed in Meru High Court Succession Cause No. 6 of 1990 following their father's death, but the interested parties, who are the applicant's brothers, lodged Land Dispute Tribunal Case No. 26 of 2011 in which the land was distributed afresh. The applicant contended the tribunal lacked jurisdiction and acted ultra vires, and that its decision was illegal, biased, irrational and unjust. The interested parties, through the replying affidavit of Stephen Kimathi M'Tuerandu, opposed the motion, asserting the succession cause was filed secretly, the applicant obtained 9.40 acres instead of 5, and asking that the matter be consolidated or stayed pending Meru ELC Case No. 34 of 2012. The court framed two issues: consolidation and quashing of the tribunal's decision. Relying on Welamondi and B & M Mining Company, it held judicial review proceedings are sui generis and cannot be consolidated under Order 53. On jurisdiction, applying section 3 of the repealed Land Disputes Tribunal Act and In re Estate of Alice Mumbua Mutua, it held the tribunal overstepped its mandate by purporting to review the High Court succession cause. The motion was allowed: certiorari quashed the tribunal's proceedings and decision, with each party bearing their own costs.

Key legal issues

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01

Whether the judicial review suit could be consolidated with Environment and Land Case No. 34 of 2012

Holding

Consolidation was refused because judicial review proceedings are sui generis and there is no provision for consolidation under Order 53.

Reasoning

Relying on Welamondi and B & M Mining Company, the court held that Order 53 proceedings are neither civil nor criminal but sui generis. Since Order 53 contains no consolidation provision, the general consolidation provisions of the Civil Procedure Rules are inapplicable, so the suit could not be consolidated with the ELC case.

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02

Whether the Land Disputes Tribunal had jurisdiction to determine the distribution of the suit land

Holding

The tribunal lacked jurisdiction; it purported to redistribute land already distributed in a High Court succession cause, effectively reviewing the High Court's orders.

Reasoning

Section 3 of the repealed Land Disputes Tribunal Act limited tribunals to boundary disputes, claims to occupy or work land, and trespass. The suit land had been distributed in Meru High Court Succession Cause No. 6 of 1990. The tribunal's decision went beyond its statutory mandate and purported to poke holes in the succession cause, clothing itself with appellate powers over the High Court.

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Legal principles established

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  • A Land Disputes Tribunal has no jurisdiction to distribute land or review orders of the High Court in a succession cause; jurisdiction over distribution of a deceased's estate vests in the probate court.
  • Judicial review proceedings under Order 53 are sui generis and consolidation provisions of the Civil Procedure Act do not apply to them.

Court orders

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  1. 1.A Judicial Review order of certiorari issued to remove to the court and quash the proceedings and decision made in respect of Land Parcel No. Kiirua/Ruiri/528 dated 28th September 2011 and read to parties on 25th November 2011
  2. 2.Each party to bear their own costs of the suit
Jurisdiction invoked
Order 53 of the Civil Procedure Rules (judicial review)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Land Disputes Tribunal – Meru Central & 6 others Ex-Parte M’mugambi M’tuerandu [2018] KEELC 940 (KLR)", Case Analysis (2018). Judicial Review Motion (Chamber Summons dated 6th December 2011). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/940/eng@2018-11-08

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.